What is the test for obtaining security for costs of an appeal?

British Columbia, Canada


The following excerpt is from Chan v. 0975713 B.C. Ltd., 2018 BCCA 418 (CanLII):

For security for costs of trial, the onus is on the respondent/applicant to show why security for the costs of the trial should be ordered. The respondent must show that it is in the interests of justice to make the order and that he or she will suffer prejudice if the order is not made. In determining the interests of justice, the merits of the appeal and the effect of such an order on the ability of the appellant to continue the appeal are also to be considered: Chung v. Shin, 2017 BCCA 355 at para. 29. Generally, an order for security for trial costs will be made only where the costs have been certified. They have been certified in this case.

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